Fourth Circuit to hear Gavin Grimm’s case in the fall

Gavin Grimm, the 18-year-old transgender Gloucester High School recent grad who’s suing his school district over their anti-trans bathroom policy, will have his day in court this fall.

The U.S. Fourth Circuit Court of Appeals will hear G.G. v. Gloucester School Board on Sept. 12. Grimm sued the school board in December 2014 over a policy that required students to use the restroom that aligned with the gender marker on their birth certificate.

The case was supposed to be heard by the Supreme Court in March, but was sent back to the lower courts after the Department of Education [under Betty DeVos] rescinded Obama-era guidelines, which advised schools to support trans students by allowing them to use facilities, like bathrooms and locker rooms, that align with their gender identity.

According to WAVY.com, Grimm’s attorneys, ACLU of VA, pushed to have the 4th Circuit hear his case in May, before he graduated high school, but the court denied the request in April.

Grimm and the VA ACLU will have to fight their case again with a new compelling argument (without federal support) for including discrimination under the basis of gender identity under ‘sex’, the original wording of Title IX of the 1972 Education Amendments.

Despite the setbacks, Grimm has received support from legal, civil rights organizations, and 60 major businesses. You can check out our story on that here.

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